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Financing- Trust Agreement
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Last modified
9/19/2012 3:45:36 PM
Creation date
9/9/2011 4:19:16 PM
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Building
RecordID
10242
Title
Financing- Trust Agreement
Company
Marion County
BLDG Date
10/7/1998
Building
Courthouse Square
BLDG Document Type
Finance
Project ID
CS9801 Courthouse Square Construction
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12-14-9B 12:14 FROM- <br />T-T88 P.O6/12 F-280 <br />j {i) First, to the Credit Providers to the ~xient of any amot~nts owed so ihem by the <br />``- ~ County in respect of the Credic Facilities provided thzrehy; <br />3 ~ <br />~ (ii) Second, to the Trustee to the extenF of any amoun~s owed co it under this <br />5 Agreement; <br />6 <br />7 (iii) Third, to the County as an overpayment of Financin~ Paymcnts; <br />s <br />~ provided, however rhat the Trustee shall not so pay ta the County any am~~unts or investments bein~ <br />lo heid for rhe payment of any Certificates which aze not yet due and payable- (inciudin~ but not limited <br />t l to any Cer[ificates w•hich have been defeased pursuant to Section 230 he~•eofl or which have not yet <br />i? been presented for paymeni, or for the payment of any Rebate Amount, bu t shal l retain such amounis <br />13 and invesunents and apgly the same to the payment of the Certificates oi Rebate Amount for which <br />~a they are bein~ held. <br />-5 <br />16 <br />~ ~ ARTICLE V <br />i $ IN~ESTMENTS <br />19 <br />3o SECTION 501. I~vESTMENT OE MON£YS HELD fN FU~DS. Any moneys held as part of <br />2~ the Cenificate Paymeni Fund (including aIl accounts therein), the Project Fund or any other fund <br />?? esrablished wiih and held by the Trustee pursuant to any Supplemen~al Agreemenc shall be inv~sted <br />~~3 or reinvested by the Trustee in Investmeni Securities in accordance w~th written directions of the <br />?~ County, or in the Trustee's discretion, in accordance ~vith oral direc~tions of the Counry to be <br />~5 confirmed in writin~; provided thut moneys on deposit in che 1998 Fns«rance Policy Account shatl <br />z5 ont~ be invested iu ~Q~~r~n~ent.'.C~bli~t~Qns:~d. sh~l~. r~os.be comr~.ir~gfed:wi~ o~~r.fun~~~'s~r <br />' '~ ' ' . All such investments shall <br />'-~ ~iu~?os~s o~'inv~~nz~r~t - L <br />~s mature not later~than the respective da~es esiimated hy the Count~ wh~:n the moneys in said funds <br />?Q shall be needed for the purposes provided in this A~reement, but shoui~i the cash balance in a fund <br />3o be ins~fficient for such a purpQSe, th~ Trustee is authorized to sell th~: necessary portion of such <br />; l invesunen[s to meet that purpose. All investments shall be deemed a pan of the fund from which the <br />~2 mon~ys used to arquire the investment were acquired, and all profits and iosses shall be credited or <br />33 char~~d to said fund. <br />3~i <br />35 The Trustee may make any and all such investments ihrough its own trusi or invesiment <br />3s department, or through any of its affiliates or sub~id'aaries. The Ttustee rnay act as principal or agent <br />3~ in the malcing or d.isposin~ of any investmen~ hereunder. The Trustee shall fumish to the Counry <br />3S periodic statements of account which include detail of all inveszmeiit transactions made by the <br />39 Trus~ee hereunder. <br />.~o <br />~! SECTION 50?. ARBITR4GE CERTiFICATE COvEN4NT. The Cc~unty hereby covenants wi~h <br />-~? the Owners of any Tax-Exempt Obli~ations issued hereunder tha~ i~ ~c•ill ,nal:e no use of the procceds <br />FIN.a~C[NG A~1A TRi1ST AGREEMENT E~~GE 3~ <br />
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